Land Titles and Deeds

Original Registration of Title

OFFICE OF THE CITY MAYOR OF PARAÑAQUE CITY, et.al., petitioners

Vs
MARIO D. EBIO AND HIS CHILDREN/HEIRS, respondents
G.R. No. 178411. June 23, 2010

VILLARAMA, JR., J:

Facts:

Mario Ebio claimed to be the absolute owners of land which is an accretion of Cut-cut creek. Jose Vitalez
was the original occupant and possessor and gave to his son, Pedro Vitalez who is the father of Ebio’s
wife. Pedro continuously and exclusively occupied and possessed the said lot with a tax declaration.

Ebio and his wife established their home on said lot which was secured by a building permit issued by
Parañaque municipal office. Thus, Pedro executed a notarized Transfer of Rights ceding claim over the
entire parcel of land in favor of Mario Ebio and also the with a new tax declaration.

Sangguniang Barangay passed a Resolution for the construction of an access road along Cut-cut creek.
Thus, ordered Ebio to vacate which prompted him to file an injunction against the petitioner. However,
he admitted issuance of sales patent before the DENR.

Trial court denied the petition and held that Ebio failed to established right to the property since they
have not instituted an action for confirmation of title and their application for sales patent has not yet
been granted.

CA reversed the trial court decision. It is clear that Ebio and their predecessor-in-interest had been in
exclusive possession of the property and had improvements shown by the construction permits.

Issue:
Whether the accretion of cut-cut creek acquires is part of public domain

Ruling:

No.

It is an uncontested fact that the subject land was formed from the alluvial deposits that have gradually
settled along the banks of Cut-cut creek.

The law that governs ownership over the accreted portion is Article 84 of the Spanish Law of Waters of
1866, which remains in effect, 26 in relation to Article 457 of the Civil Code.

It is explicit from the provisions that alluvial deposits along the banks of a creek do not form part of the
public domain as the alluvial property automatically belongs to the owner of the estate to which it may
have been added. The only restriction provided for by law is that the owner of the adjoining property
must register the same under the Torrens system; otherwise, the alluvial property may be subject to
acquisition through prescription by third persons.
Land Titles and Deeds
Original Registration of Title

Hence, while it is true that a creek is a property of public dominion,31 the land which is formed by the
gradual and imperceptible accumulation of sediments along its banks does not form part of the public
domain by clear provision of law.

Character of possession and ownership

A right in esse means a clear and unmistakable right. A party seeking to avail of an injunctive relief must
prove that he or she possesses a right in esse or one that is actual or existing. It should not be
contingent, abstract, or future rights, or one which may never arise.

It must be remembered that the purpose of land registration is not the acquisition of lands, but only the
registration of title which the applicant already possessed over the land. Registration was never
intended as a means of acquiring ownership. A decree of registration merely confirms, but does not
confer, ownership.

Wherefore, the petition is denied and CA decision was affirmed.